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By Susan Upton Douglass
A foreign trademark owner is not required to own a federal trademark registration or use its mark in U.S. commerce in order to bring a claim for unfair competition or false advertising under Section 43(a) of the Lanham Act...
By Felicity Kohn
The Ninth Circuit recently affirmed a ruling by the Central District of California that the First Amendment barred a right of publicity suit brought by an individual who alleged that he was portrayed, without his permission...
By David Ehrlich
Such coexistence agreements often include provisions that each party will use the mark at issue only with a distinguishing house mark and that the parties will use distinctly different trade dress.
By Felicity Kohn
The Federal Circuit recently held that Section 2(a) of the Lanham Act, that, among other restrictions, prohibits the registration of trademarks that "may disparage . . . persons, living or dead," violates the First Amendment because it constitutes viewpoint discrimination on the part of the government.
By Nancy DiConza
The requirements for proving use of a trademark in applications, Section 8 or Section 71 use declarations, and renewal applications in the United States Patent and Trademark Office are very different from use requirements in other countries.
By Robin Baydurcan
By now, many of us have heard about changes to the Community Trade Mark (CTM) system entering into force on March 23, 2016.
By Felicity Kohn
Although MTM watches are not sold on Amazon's website, if consumers search for MTM products on Amazon, they will receive a list of search results, including similar watches made by other manufacturers.
By Leo Kittay
Mechanic Mark Towle's business, which operated under the name "Gotham Garage," offered and sold knock-offs—or, in Towle's words, "replicas"—of DC Comics' Batmobile.
By Jason Jones
The facts of the case as relevant here are relatively straightforward. The plaintiff, B&B Hardware ("B&B"), has since 1993 owned a federal registration for the mark SEALTIGHT for metal fasteners used in the aerospace industry.
By Erica Gould
The recent restoration of diplomatic relations between the United States and Cuba has sparked the interest of U.S. companies in protecting their intellectual property in Cuba.
By Leo Kittay
In 2011, actor Cindy Lee Garcia auditioned for and received a role in a film she was told would be "an action-adventure thriller set in ancient Arabia" entitled Desert Warrior.
By Charles Weigell
While the District Court specifically found the question of whether Apple's trade dress was functional to be a question of fact for the jury to decide, the Federal Circuit seemingly reached the exact opposite conclusion.
By Jennifer Insley-Pruitt
The Federal Circuit recently vacated the Trademark Trial and Appeal Board's February 2014 opinion in the long-running PRETZEL CRISPS proceeding.
By Erica Gould
The recent restoration of diplomatic relations between the United States and Cuba has sparked the interest of U.S. companies in protecting their intellectual property in Cuba.
By Robin Baydurcan
While the late Bruce Lee's martial arts skills and appearances in action films are legendary, some fans may not know that he adopted the Chinese screen name 李小龍, which means "Little Dragon Lee."